Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826 (consolidated August 2024)
Esquimalt, British Columbia
· No. 2826
· adopted 2014-06-23
· summary & facts
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CORPORATION OF THE TOWNSHIP OF ESQUIMALT
Maintenance of Property and Nuisance
Regulation Bylaw, 2014, No. 2826
CONSOLIDATED FOR CONVENIENCE
August 2024
In case of discrepancy, the original Bylaw
or Amending Bylaws must be consulted.
Consolidates Amendments authorized by:
-
Amendment Bylaw 2024, No. 3133
CORPORATION OF THE TOWNSHIP OF ESQUIMALT
BYLAW NO. 2826
A Bylaw to regulate Maintenance of Property,
Unsightly Properties and Nuisance
The Municipal Council of the Township of Esquimalt, in open meeting assembled, enacts as
follows:
PART I - GENERAL PROVISIONS
TITLE
1.
This Bylaw may be cited as the "Maintenance of Property and Nuisance Regulation Bylaw,
2014, No. 2826."
DEFINITIONS
2.
In this Bylaw, all definitions shall be in accordance with the Community Charter or Local
Government Act except for the following:
"Accessory Building" means a building or structure, the use or intended use of which is
ancillary to that of the principal building situated on the same Land.
"Boulevard" means that portion of the street between the curb lines or the lateral lines of
a roadway and the adjoining property line, exclusive of the sidewalk;
"Building" means a structure used or intended for supporting or sheltering any use or
occupancy.
"Bylaw Enforcement Officer" means the Director of Community Safety Services, or a
person or persons designated by the Director to carry out any act or function under this
Bylaw, and every Bylaw Enforcement Officer employed or appointed by the Township to
inspect and enforce any bylaw of the Township.
"Council" means the Council of the Township of Esquimalt.
"Derelict Vehicle" means a Vehicle which is any one or more of the following:
(a)
physically wrecked or disabled;
(b)
not capable of operating under its own power;
(c)
not displaying a current and valid licence plate in accordance with the Motor
Vehicle Act.
"Graffiti" means one or more letters, initials, symbols, marks, slogans, designs or
drawings howsoever made, on any sidewalk, fence, sign, wall, building or any other
structure or surface but does not include marks made accidentally, or any of the following:
(a)
a sign, public notice or traffic control mark authorized by the Director,
Engineering and Public Works or his or her designate,
(b)
a sign authorized pursuant to the Township's applicable bylaw provisions
regulating signs;
Bylaw No. 2826
Page 2
(c)
a public notice authorized by a Township bylaw or by provincial or federal
legislation or regulation;
(d)
in the case of private property, a letter, symbol or mark authorized by the
Owner or Occupier of the property on which the letter, symbol or mark appears.
"Invasive Plants" means plants set out in the Schedule to the Spheres of Concurrent
Jurisdiction - Environment and Wildlife Regulation, B.C. Reg. 144/2004, as may be
amended or replaced from time to time.
"Land" means any lot, parcel, block or other area in which land is held or into which it is
subdivided, but does not include Buildings, improvements, streets, lanes, and Township-
owned parks and open spaces.
"Motor Vehicle Act" means the Motor Vehicle Act, RSBC 1996, c. 318
"Noxious Weeds" means any plant designated as a weed in the Weed Control Act, RSBC
1996, c. 487 and Regulations as amended from time to time.
"Refuse" means all manner of rubbish, trash, garbage, litter, debris, rubble, demolition
waste, discarded or disused objects, materials or items, junk, filth, unused or dismantled
aircraft, electronic devices, trailers, boats, vessels, machinery, old, discarded or unused
mechanical or metal parts, glass or plastic bottles or objects, tin cans or other metal
containers, paper, glass, pipes, dilapidated furniture, inoperative appliances and other
similar things, unused wood or wood products excluding seasoned untreated wood or
manufactured products cut in lengths for use as fuel in solid fuel burning appliances.
"Statutory Holiday" means New Year's Day, Family Day, Good Friday, Easter Monday,
Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and
Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day
(December 26), and any other Statutory Holiday proclaimed by the Province of British
Columbia or the Federal Government. [Amendment Bylaw, 2024, No. 3133]
"Township" means the Township of Esquimalt.
"Unsightly Property" includes Land that displays any one or more of the following
characteristics to such an extent that as a whole it looks unkempt, unmaintained,
dilapidated or in disrepair:
(a)
the accumulation of Refuse, Graffiti, or Derelict Vehicles;
(b)
plants, bushes, hedges, shrubs, and trees that are decaying, dying or dead or
are demonstrating uncontrolled growth;
(c)
any building, structure, fence, external surface, or parts thereof, that contains
holes, breaks, rot, or that is crumbling or cracking, or is covered with rust or
peeling paint, or any other evidence of physical decay, neglect, excessive use,
or lack of maintenance; or
(d)
any other similar condition of disrepair, dilapidation, deterioration or
uncleanliness, regardless of the condition of other properties in the
neighbourhood.
"Vacant Building" means a Building that is not lawfully occupied or that is not lawfully
being used for its approved purpose for a continuous period of 60 consecutive days.
Bylaw No. 2826
Page 3
"Vehicle" means any vehicle as defined in the Motor Vehicle Act and shall include, but
not be limited to, snowmobiles, dirt bikes and all-terrain vehicles.
"Weeds" means Invasive Plants and Noxious Weeds and other plants with similar
properties which are likely to spread to or become a nuisance to other properties in the
vicinity.
"Wildlife" has the meaning as prescribed in the Wildlife Act, RSBC 1996, c. 488.
"Zoning Bylaw" means the Township of Esquimalt Zoning Bylaw, 1992, No. 2050, as
amended or re-enacted from time to time.
APPLICATION
3.
This Bylaw applies to all Lands and Buildings within the Township.
4.
Every Owner of the Land or Building shall be responsible for maintaining the Land or
Building in compliance with the standards set out in this Bylaw and for carrying out or
causing to be carried out any work required under this Bylaw to bring such Land or
Building into compliance with the provisions of this Bylaw.
5.
Every Occupier of land has the duty to ensure the land is maintained in accordance with
provisions of this bylaw and may, in addition to the Owner of the Land or Building, also
be held responsible for the condition of the Land or Building.
SEVERABILITY
6.
If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction, the
invalid portion may be severed and such invalidity shall not affect the validity of the
remaining portions of this Bylaw.
REPEAL
7.
The following Bylaws are hereby repealed:
(a) "Maintenance of Property Bylaw, 1996, No. 2180" and amendments thereto;
(b) "Noxious Weeds Bylaw, 1976, No. 1527"; and
(c) "Noise Control Bylaw, 2007, No. 2677".
PART II - STANDARDS FOR MAINTENANCE OF PROPERTY
UNSIGHTLINESS, UNSANITARY CONDITIONS AND GRAFFITI
8.
(1)
No Owner or Occupier shall cause or permit Refuse or noxious, offensive or
unwholesome objects, materials or items from collecting or accumulating on or
around the Land of that Owner or Occupier.
(2) No Owner or Occupier shall cause or permit the Land of the Owner or Occupier to
become or remain an untidy or Unsightly Property.
Bylaw No. 2826
Page 4
(3)
No Owner or Occupier of Land shall cause or permit unsanitary conditions or any
conditions that are a health, fire or other hazard to exist on the Land of that Owner
or Occupier.
(4)
All Land shall be kept clear from dilapidated, collapsed or unfinished Buildings.
(5)
No person shall place Graffiti or permit Graffiti to remain in such a manner as to be
visible from a highway, public place or other Land.
9.
Section 8 shall not be deemed to prevent the lawful storage and keeping of material in or
on any non-residential Land, if a lawful use requiring that material is conducted on the
Land and the materials are stored in a tidy and orderly manner.
PLANTS, WEEDS AND LAWN OVERGROWTH
10.
(1)
No Owner or Occupier shall cause or permit Weeds or other unintended plants to
grow or accumulate on the Land of that Owner or Occupier.
(2)
No Owner or Occupier shall cause or permit the lawn on the Land of that Owner or
Occupier to grow in height beyond the prevailing standard in the neighbourhood, but
in any event, not beyond 25 cm. (10 in.) in height.
(3)
No Owner or Occupier shall cause or permit any trees, hedges, bushes, shrubs or
other plant growth that is a hazard to the safety of persons, likely to damage public
property or seriously inconvenience the public, to remain on the Land of that Owner
or Occupier.
DERELICT VEHICLES
11.
(1)
No Owner or Occupier shall cause or permit the storage or accumulation on the
Land of the Owner or Occupier of a Derelict Vehicle or parts of a Derelict Vehicle
or of a wrecked, broken or dismantled trailer, boat or mechanical equipment.
(2)
Subsection (1) shall not comply where the Zoning Bylaw permits the principal use
of wholesaling or retailing, storing or parking of wrecked, broken or dismantled
materials or equipment or Derelict Vehicles and only provided that they are stored
in a manner so as not to be visible from a highway, public place or other Land.
DRIVEWAYS, WALKWAYS AND FENCES
12.
(1)
Every Owner or Occupier shall maintain driveways, walkways, steps, parking
spaces, and loading areas on the Land of the Owner or Occupier in a clean, fit, and
safe condition free from Refuse or noxious, offensive or unwholesome objects,
materials or items so as to ensure safe passage under normal use and weather
conditions, and shall dispose of such objects, materials or items otherwise than
depositing it upon the street.
(2)
Every Owner or Occupier shall maintain outdoor lighting equipment and its supports
in safe and proper working condition.
Bylaw No. 2826
Page 5
(3)
Every Owner or Occupier shall maintain any fence on the Land of that Owner or
Occupier in good condition and repair, and shall repair such fence if it falls into a
state of disrepair.
SIDEWALKS AND BOULEVARDS
13.
Every Owner or Occupier of any Land abutting or fronting upon a portion of a sidewalk
shall cause such portion of the sidewalk to be cleared and kept clear of all snow, ice, dirt,
Refuse. or noxious, offensive or unwholesome objects, materials or items, and shall
dispose of the same otherwise than depositing it upon the street.
14.
Every Owner or Occupier of any Land shall cause such portion of the boulevard that is
located in front of or adjacent to such Land to be maintained:
(i)
free of Weeds,
(ii)
so that the grass is trimmed in compliance with subsection 10 (2) hereof;
(iii)
kept clear of all Refuse or noxious, offensive or unwholesome objects, materials or
items,
and shall dispose of such Weeds, grass trimmings, Refuse and all such objects, materials
or items otherwise than depositing it upon the street.
PEST INFESTATIONS
15.
Every Owner or Occupier of any Land or Building shall prevent or cause to be prevented
infestation by rodents, vermin or other noxious or destructive insects or animals.
DRAINAGE
16.
(1)
Every Owner shall ensure that all surface water originating from the Owner's Land
is contained on that Land and is drained from such Land by an acceptable method
so as to prevent water from entering into a Building or basement or onto any other
Land.
(2)
No Owner or Occupier shall cause or permit water to enter onto any adjoining
property, or to accumulate or pond on the Land of the Owner or Occupier, unless
the ponding or drainage is a natural occurrence.
(3)
No Owner or Occupier shall cause or permit an excavation or basement area left
after a Building is demolished to become or remain filled with water.
CONSTRUCTION AND DEMOLITION
17.
All construction conducted on Land shall be carried out in a tidy and orderly manner, and
all construction materials and equipment shall be properly and safely stored when not in
use.
Bylaw No. 2826
Page 6
18.
Notwithstanding section 35 (2) of this bylaw, a person, Owner or Occupier may carry out
construction or demolition works, or the excavation for such works, that disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of the public, only:
(1)
Between 7:00 a.m. and 7:00 p.m. on a weekday (Monday through Friday) that is not
a Statutory Holiday; and
(2)
Between 9:00 a.m. and 6:00 p.m. on a Saturday that is not a Statutory Holiday.
[Amendment Bylaw, 2024, No. 3133]
19.
For greater certainty, construction or demolition works, or the excavation for such works,
that disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the public is
prohibited on Sundays and Statutory Holidays. [Amendment Bylaw, 2024, No. 3133]
20.
Every Owner or Occupier shall remove or cause to be removed from the Land of the Owner
or Occupier all debris and material, whether to be discarded or retained, from a demolition
of any Building on the Land within two (2) weeks of the demolition being completed.
21.
Immediately upon completion of the demolition but in any event within 24 hours of receipt
of written notice from the Bylaw Enforcement Officer, any basement or other excavation
remaining after demolition shall be filled in or covered over to lot grade level and such site
shall be left in a tidy condition.
VACANT BUILDINGS
22.
(1)
Every Owner of a Vacant Building must ensure that the Vacant Building is secure
from unauthorized entry.
(2)
Every Owner of a Vacant Building shall secure the Vacant Building to the satisfaction
of the Bylaw Enforcement Officer within 24 hours of receipt of written notice from the
Bylaw Enforcement Officer.
ACCESSORY BUILDINGS
23.
Every Accessory Building on Land shall be constructed and maintained with suitable and
uniform materials, free from health, safety and fire hazards, and shall be kept in good
repair and protected by paint, preservatives or other weather-resistant material.
RETAINING WALLS
24.
Retaining walls on Land shall be constructed to be structurally sound and plumb, unless
specifically designed to be other than vertical, and shall be maintained in good repair and
free from hazards.
STRUCTURAL INTEGRITY
25.
All Buildings and their structural members shall be maintained in good repair and in a
manner that provides sufficient structural integrity so as to sustain safely its own weight
and any additional loads and influences to which it may be subjected through normal use.
Bylaw No. 2826
Page 7
FOUNDATIONS
26.
Foundation walls and other supporting members shall be maintained in good repair so as
to control the entrance of moisture and water into a Building.
EXTERIOR DOORS AND WINDOWS
27.
(1)
Exterior doors, windows, skylights, and hatchways shall be maintained in good
repair and weather tight.
(2)
Openings in exterior walls, other than doors and windows, shall be effectively
sealed to prevent the entry of rodents, vermin or other noxious or destructive
insects or animals.
(3)
Latching and locking devices on exterior doors and windows shall be maintained
in good working order.
(4)
Doors providing automobile access to parking garages for residential parking shall
be maintained at all times in good working order and repair.
ROOF AND ROOF DRAINAGE
28.
(1)
The roof of every Building, including the flashing, fascia, soffit, and cornice shall
be maintained in a weather tight condition so as to prevent leakage of water into
the Building.
(2)
Eavestroughs and downspouts shall be kept in good repair, and free from leaks.
(3)
All roof drain down spouts which are not connected to a municipal storm sewer
shall be maintained such that soil erosion is prevented.
STAIRS, BALCONIES AND PORCHES
29.
(1)
Stairways, balconies, porches and landings in, on or appurtenant to a Building shall
be maintained in a safe and clean condition, in good repair, and free from holes,
cracks, excessive wear and warping, and hazardous obstructions.
(2)
Handrails and guards shall be maintained in good repair, and any replacements
shall conform to the B.C. Building Code.
EXTERIOR WALLS, COLUMNS AND PROJECTIONS
30.
(1)
Exterior walls, parapet walls, columns, and their components shall be maintained
in good repair, weather-tight and free from loose and unsecure objects and material,
and in a manner so as to prevent or retard deterioration due to weather.
(2)
The protective or decorative finishes of all exterior surfaces shall be maintained in
good repair so as to prevent deterioration that affects the appearance of the Building.
(3)
Graffiti, painted slogans, smoke damage or other markings, stains or defacement
appearing on any exterior surface shall be removed, and, if necessary to maintain
Bylaw No. 2826
Page 8
the exterior surface, the surface of these areas shall be restored, resurfaced and
coordinated to the exterior finish of the Building.
(4)
Canopies, marquees, signs, awnings, screens, grilles, stairways, fire escapes,
pipes, ducts, standpipes, air conditioners and all similar equipment, attachments,
extensions and their supporting members shall be maintained in good repair,
properly and safely anchored, and protected from the elements by paint or other
protective coating, so as to prevent deterioration, decay and rust.
(5) Exterior wall facings, projections, cornices and decorative features shall be
maintained in good repair, and shall be safely and properly anchored.
CIVIC NUMBERING
31.
An Owner or Occupier of a Building shall display in a conspicuous place on the Building
or on property on which the Building is located the street number assigned by the
Township. The number must be placed in a location such that it is unlikely to become
obstructed by foliage or other matter and must be placed in such location that the number
faces the street and must be of sufficient size that it is easily readable from the street.
PART III - NUISANCES
LITTERING
32.
No person shall deposit or throw Refuse or noxious, offensive or unwholesome objects,
materials, or items on a highway, public place, or any Land.
FEEDING WILDLIFE
33.
(1)
No person shall intentionally feed, attempt to feed, or leave food out for the purpose
of feeding any Wildlife, racoons, eastern grey squirrels (Sciurus carolinensis), deer
(members of the family Cervidae), or Canada Geese.
(2)
No Owner or Occupier shall permit or allow fruit from a tree or bush to fall on the
ground and accumulate in such a manner that it attracts or is likely to attract Wildlife
or deer (members of the family Cervidae).
(3)
This Section does not apply to any person who is engaging in hunting or trapping of
Wildlife in accordance with the Wildlife Act and its Regulations.
ODOUR AND DISTURBANCES
34.
No Owner or Occupier shall emit, make or cause or permit to be emitted or made from any
Land or Building any odour, vibration, illumination, dust or other matter which disturbs or
is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person
or persons in the neighbourhood or vicinity.
Bylaw No. 2826
Page 9
NOISE CONTROL
35.
(1)
Subject to the other provisions of this Bylaw,
(a)
No person shall make, cause, allow or permit a noise or sound in a street,
park, plaza or similar public place which disturbs or tends to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of persons in the
neighbourhood or vicinity;
(b)
No Owner or Occupier shall make, cause, allow, or permit a noise or sound
on the Land or Building of the Owner or Occupier, which can be easily
heard by a person not on the same Land or Building and which disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of persons in the neighbourhood or vicinity.
(c)
No Owner or Occupier shall cause or permit audio advertising which:
(i) is directed at pedestrians or motorists on any street or sidewalk, or
(ii) can be heard on any street or sidewalk.
(2)
For greater certainty, no person shall make, cause, allow or permit a noise or
sound which disturbs or tends to disturb or is likely to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of persons in the neighbourhood or vicinity,
between the hours of 10:00 p.m. and 7:00 a.m. on a Monday to Friday, and
between the hours of 10:00 p.m. and 9:00 a.m. on a Saturday, Sunday or Statutory
Holiday. [Amendment Bylaw, 2024, No. 3133]
36.
(1)
Without limiting the generality of Sections 18, 19, and 33, the following noises,
sounds and conduct are specifically prohibited: [Amendment Bylaw, 2024, No. 3133]
(a)
shouting, using a megaphone or sound amplification device or making
other noise in, at or on streets, parks, wharves, docks, piers, boat landings,
or other public places;
(b)
the playing of any radio, stereophonic equipment, television, musical
instrument or sound amplification device or apparatus, or any outdoor
public address system, whether in or upon a private property or in any
public place at such a volume as to disturb or tend to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of individuals or the public;
(c)
the keeping or harbouring of any dog, bird or other animal, which barks or
emits cries or other noises in a persistent manner that may easily be heard
by a person not on the same Land and which disturbs or tends to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of individuals or
the public;
(d)
the operation of any automobile, truck, motorcycle, bus or other motorized
vehicle which by reason of disrepair, the use of a muffler that fails to cool
and expel exhaust gases from the engine without excessive noise, mode
of operation of the vehicle (squealing of tires except during emergency
braking to avoid accidents, over-revving of engine or excessive
acceleration of vehicle) or any other cause, creates noise or sound which
Bylaw No. 2826
Page 10
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public;
(e)
the production of amplified sound from a radio, other playback device,
amplification equipment, or musical instrument that emanates from a motor
vehicle and can easily be heard by a person of normal hearing acuity at a
distance of 5m (16.4 ft.) or more from the vehicle;
(f)
the idling or other continuous running of the engine of a truck or bus for
more than three minutes at the same location, except where the truck or
bus is located within a garage or depot intended to be used for the long
term parking of that vehicle; and
(2)
The noises and sounds prohibited in subsection (1) are considered by Council to
be objectionable and liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public.
EXEMPTIONS
37.
Section 33 does not apply to:
(a)
a vehicle of the Police or Fire Department of the Township, or an ambulance or
other public service or emergency vehicle while engaged in a service of the public
convenience or necessity;
(b)
the sounding of a horn or other signaling device upon any vehicle or boat where it
is properly and necessarily used as a danger or warning signal;
(c)
the use, in a reasonable manner, of an apparatus or mechanism for the
amplification of the human voice or music in a public park, public facility or square
in connection with a public meeting, public celebration, athletic or sports event or
other public gathering, if a permit or approval for the event has been issued by the
Township;
(d)
the use of bells or chimes by places of worship, and the use of carillons where
such carillons have been lawfully erected;
(e)
a parade, procession, performance, concert, ceremony, event, gathering or
meeting in or on a street or public space, if that is permitted in the Township under
a bylaw or statute;
(f)
a sound or noise resulting from the use, in a reasonable manner, of the premises
of a Community Care Facility duly licensed under the Community Care and
Assisted Living Act, or from the use of a similar institution;
(g)
a solid waste collection services conducted between 6:00 a.m. and 8:00 p.m.
Monday to Friday or between 10:00 a.m. and 8:00 p.m. on a Saturday, Sunday or
Statutory Holiday; [Amendment Bylaw, 2024, No. 3133]
(h)
municipal works including, but not limited to, the construction, maintenance or
repair of Township facilities, properties, parks, streets, or sewers and other
Bylaw No. 2826
Page 11
services carried out by employees or contractors of the Township or any public
utility;
(i)
maintenance work conducted by the Township's Parks and Recreation
Department staff between 7:00 a.m. and 10:00 p.m. on any day; or until 12:00
midnight for any work relating to a special event;
(j)
snow clearing, sanding and cleaning of streets and sidewalks by employees or
contractors of the Township;
(k)
emergency repairs to any Building which cannot reasonably be delayed until
normal working hours;
(l)
any person operating within the terms and conditions imposed by a permit duly
issued by the Township; and
(m)
construction or demolition work in accordance with an approved permit duly issued
by the Township conducted between the hours permitted under Sections 18 and
19 of this bylaw. [Amendment Bylaw, 2024, No. 3133]
PERMITS
38.
(1)
A person may submit an application for a permit.
(a)
to the Chief Building Inspector in regards to noise prohibited by Sections
18, 19, and 33 if it is impractical or impossible to comply with that Section.
[Amendment Bylaw, 2024, No. 3133]
(b)
to the Director of Parks & Recreation regarding outdoor special events on
public property if it is impractical or impossible to comply with Section 33
as a result of an outdoor special event.
(2)
The Chief Building Inspector and Director of Parks & Recreation may issue a
permit and may make such permit subject to conditions relating to time, duration
and frequency of the noise.
(3)
An application for a permit must be in writing and must contain all of the following:
(a)
the name, address and contact information of the applicant;
(b)
the civic address of the location of the works or events;
(c)
the building permit number, if applicable;
(d)
the reasons for the requested exemption;
(e)
a description of the source of noise in respect of which the exemption is
sought;
(f)
the exact period of time for which the exemption is requested;
Bylaw No. 2826
Page 12
(g)
a statement of the measures planned or being taken to minimize the sound
or noise created;
(h)
such other information as the Chief Building Inspector or Director of Parks
& Recreation may require; and
(i)
a non-refundable application fee of $50.00.
(4)
An application for a permit must be submitted to the Township within the following
time limits for the following work or event for which the exemption is requested:
(a)
at least 10 business days before construction work;
(b)
at least 6 weeks before an outdoor special event that does not require
street closures;
(c)
at least 4 months before an outdoor special event, at which more than
1,000 individuals are expected to attend, that requires street closures.
(5)
The Chief Building Inspector or Director of Parks & Recreation may reduce the
time limit within which an application is required to be made under subsection (4)
in the event of an emergency or other unforeseen circumstance.
(6)
The Director of Parks & Recreation may seek the direction of Council before
issuing a permit for an outdoor special event.
(7)
The Chief Building Inspector or the Director of Parks & Recreation must advise a
person who is denied a permit of that person's right to have the matter
reconsidered by Council.
(8)
A person who has been refused a permit may apply to have Council reconsider
that decision in accordance with the following procedures:
(a)
the person may apply by written notice to the Corporate Officer within 14
days of being advised of the decision to refuse the permit;
(b)
the person may address Council in writing or in person concerning the
request for the permit; and
(c)
Council may allow or refuse the permit, subject to such terms and
conditions as Council may determine appropriate.
PART IV - ENFORCEMENT
ENTRY ON PROPERTY
39.
(1)
The Bylaw Enforcement Officer may enter at all reasonable times upon any Land or
within any Building in order to ascertain whether the requirements of this Bylaw are
being complied with.
Bylaw No. 2826
Page 13
(2)
Notwithstanding clause (1) hereof, where a Building contains any lawfully occupied
dwelling unit, the Bylaw Enforcement Officer shall first obtain the consent of the
Owner or Occupier, or the Occupier shall first be given 24 hours written notice of the
intention to enter the Building.
(3)
No person shall prevent or obstruct, or attempt to prevent or obstruct the Bylaw
Enforcement Officer from entry onto any Land or into any Building.
NOTICE TO COMPLY
40.
In addition to any other remedy permissible pursuant to any Statute, Regulation, bylaw, or
otherwise at law, if the Bylaw Enforcement Officer determines that the requirements of this
Bylaw are not being met with respect to the Land or Building of an Owner or Occupier, the
Bylaw Enforcement Officer may, by written notice, require the Owner or Occupier of the
Land or Building to comply with this Bylaw.
41.
Each notice pursuant to this Bylaw shall contain:
(a)
the name of the Owner or Occupier to which it is directed, and the municipal
address or location of the Land or Building to which it applies;
(b) particulars to describe how the Land or Building fails to conform to the standards
set out in this Bylaw;
(c) reasonable particulars of what is required in order to bring the Land or Building
into compliance with the standards set out in this Bylaw;
(d) a reasonable time within which the repairs, work or other actions are to be
completed;
(e) a statement that in the event such repairs, work or other actions are not
completed within the time given, the matter may proceed to Council for an order
to comply; and
(f)
a statement that in the event such repairs, work or other actions are not
completed within the time given in the Council order, the Township may proceed
to carry out such repairs, work or other actions, and the costs of such will be
charged to the Owner or Occupier, and if not paid by December 31st of that year,
will be added to the property taxes as taxes in arrears.
42.
Any notice required to be given pursuant to this Bylaw shall be served in the following
manner:
(a) personally delivered to the person to whom it is addressed,
(b)
left with a person apparently over the age of sixteen years at the location of the
Land or Building,
(c)
mailed by registered mail to the most recent address of the person to whom it is
addressed as shown on the Township's Property Tax records, or
Bylaw No. 2826
Page 14
(d)
posted in a conspicuous place on or near the front entrance of the Building to
which it relates.
ORDER TO COMPLY
43.
If an Owner or Occupier fails to comply with the notice from the Bylaw Enforcement Officer,
Council may order that the Owner or Occupier comply within a time specified in the order,
with the specific regulations, prohibitions and requirements of this Bylaw that are not being
met in respect of the Land or Building of the Owner or Occupier.
44.
Prior to Council making an order, the Owner or Occupier of the Land or Building shall be
given the opportunity to be heard by Council in respect of the matter contained in the
notice of the Bylaw Enforcement Officer.
45.
If the Owner or Occupier fails to comply with an order of Council, the Township, by its
employees, contractors and agents, may take action in accordance with Section 17 of the
Community Charter, SBC, 2003, c. 26, to fulfil the requirements of the order and to recover
the costs of doing so from the Owner or Occupier of the Land or Building which is subject
to the order.
46.
In the event any of the costs of carrying out the order of Council remains unpaid by
December 31st of that year, the costs may be added to the property taxes and recovered
as taxes in arrears.
PENALTIES
47.
(1)
A person who contravenes, violates or fails to comply with any provision of this
Bylaw, or who suffers or permits any act or thing to be done in contravention or
violation of this Bylaw, or who fails to do anything required by this Bylaw,
commits an offence and shall be liable upon conviction of a fine of not more than
$10,000 (Ten Thousand Dollars), the cost of enforcement proceedings, and any
other penalty or order imposed pursuant to the Community Charter, SBC, 2003,
c. 26 or the Offence Act, RSBC, 1996, c. 338, as amended from time to time.
(2)
Each day that an offence against the Bylaw continues or exists shall be deemed
to be a separate and distinct offence.
READ a first time this
9th day of June, 2014
READ a second time this
9th day of June, 2014
READ a third time this
9th day of June, 2014
ADOPTED this
23rd day of June, 2014
_________________________________
_________________________________
BARBARA DESJARDINS, MAYOR
ANJA NURVO, CORPORATE OFFICER